{"id":15342,"date":"2015-01-07T07:22:58","date_gmt":"2015-01-07T12:22:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15342"},"modified":"2015-01-07T07:22:58","modified_gmt":"2015-01-07T12:22:58","slug":"techdirt-court-asked-why-theres-no-expectation-of-privacy-in-cell-location-data-but-an-expectation-of-privacy-in-the-cellphone-itself","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=15342","title":{"rendered":"TechDirt: Court Asked Why There&#8217;s No Expectation Of Privacy In Cell Location Data, But An Expectation Of Privacy In The Cellphone Itself"},"content":{"rendered":"<p>TechDirt: <a href=\"https:\/\/www.techdirt.com\/articles\/20150105\/11504629598\/defense-asks-circuit-court-why-theres-no-expectation-privacy-cell-location-data-expectation-privacy-cellphone-itself.shtml\">Court Asked Why There&#8217;s No Expectation Of Privacy In Cell Location Data, But An Expectation Of Privacy In The Cellphone Itself<\/a> by Tim Cushing:<\/p>\n<p>from the warrants-warranted dept<br \/>\n<!--more--><\/p>\n<blockquote><p>The government continues to argue that the Third Party Doctrine trumps the Fourth Amendment. Almost any &#8220;business record&#8221; created intentionally or inadvertently can be had by the government without a warrant. Even if the citizen in question has no ability to control what&#8217;s collected by third parties (without forgoing the service entirely) or is completely unaware that it&#8217;s happening, the government claims records of this type have no expectation of privacy. <\/p>\n<p>The US v. Quartavarious Davis case is currently being re-heard by an en banc panel of the Eleventh Circuit Court. AT&#038;T has uncharacteristically stepped into the breach and offered its opinion that &#8212; as a service provider that generates plenty of business records (including cell location data, the focal point of this case) &#8212; these records should be granted an expectation of privacy and a warrant requirement. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>TechDirt: Court Asked Why There&#8217;s No Expectation Of Privacy In Cell Location Data, But An Expectation Of Privacy In The Cellphone Itself by Tim Cushing: from the warrants-warranted dept<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[17,42,79],"tags":[],"class_list":["post-15342","post","type-post","status-publish","format-standard","hentry","category-gps-tracking-data","category-informational-privacy","category-third-party-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15342","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15342"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15342\/revisions"}],"predecessor-version":[{"id":15343,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15342\/revisions\/15343"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15342"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15342"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15342"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}